Ex parte TOWNSEND - Page 3




                 Appeal No. 96-1256                                                                                                                     
                 Application 08/257,080                                                                                                                 


                 Stier                                                 3,967,851                                    July 06,                            
                 1976                                                                                                                                   
                 Fujiwara                                              4,668,010                                    May 26,                             
                 1987                                                                                                                                   
                 Nomura et al. (Nomura)                                5,106,160                                    Apr. 21,                            
                 1992                                                                                                                                   
                 Sinnhuber                                                      5,277,441                                    Jan.                       
                 11, 1994                                                                                                                               
                                                                                         (filed Feb. 24, 1992)                                          
                          Claim 42 stands finally rejected under 35 U.S.C. § 103 as                                                                     
                 unpatentable over Nomura, Freedman, Stier or Fujiwara in view                                                                          
                 of Neale and Sinnhuber.                   2                                                                                            
                          On pages 2 and 3 of the final rejection (Paper No. 5),                                                                        
                 the examiner states the basis of the rejection thus:                                                                                   
                                   It would have been obvious to provide                                                                                
                                   any one of the above listed primary                                                                                  
                                   references, with a movable armrest carried                                                                           
                                   by the seat in a disposition located                                                                                 
                                   outboard of the seat, in an automotive                                                                               
                                   environment with a door located adjacent                                                                             
                                   thereto as taught by Neale et al in order                                                                            
                                   to provide ease of access and an airbag in                                                                           
                                   an armrest deployable into an intermediate                                                                           
                                   area between seat and door on lateral                                                                                
                                   impact as taught by Sinnhuber in order to                                                                            
                                   protect against side impacts.  See col. 4,                                                                           
                                   line 29 for the teaching of Sinnhuber                                                                                


                          2In the supplemental answer, the examiner also referred                                                                       
                 to Simsic patent 5,224,733, but that patent has been given no                                                                          
                 consideration since it was not positively included in the                                                                              
                 rejection.  Ex parte Raske, 28 USPQ2d 1304, 1305 (Bd. Pat.                                                                             
                 App. & Int. 1993).                                                                                                                     
                                                                           3                                                                            





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